Birth Injury Lawyer Wins Award Against Hospital

Categories: Medical Malpractice

Philadelphia Birth Injury Lawyer Medical Malpractice Lawsuit Summary

This Pennsylvania medical malpractice lawsuit arose from the birth injury of infant personal injury victim who was delivered by C-section with a permanent arm deformity. The Philadelphia birth injury attorneys contended that the ob/gyn used excessive force by pulling on the infant’s head in an attempt to get the infant out. The doctor argues that he did not use exscessive force during delivery and that the personal injury was caused in utero from the natural forces of labor.

Pennsylvania Birth Injury Lawsuit Result

The jury found that the ob/gyn was in fact medically negligent in that his delivery methods fell below the standard of care. It was argued at trial by the plaintiff’s personal injury attorney that during delivery, a shoulder dystocea was encountered, thereby causing a brachial plexus injury to the injured infant.

Birth Injury Lawsuit Discussion

In any medical malpractice lawsuit, the injured victim is arguing that the doctor’s work fell below the “standard of care” for the type of medical procedure that was performed on the medical malpractice victim. In order to prove these types of claims, the medical malpractice personal injury lawyer must locate an expert witness who will first go through all of the medical records, then write an opinion that the operating doctor was negligent in performing the medical procedure, and that the medical negligence amounts to medical malpractice. In Pennsylvania medical malpractice lawsuits, this report is necessary to have before the injured victim’s personal injury attorney even files the medical malpractice lawsuit. Once the case gets to a jury trial, the doctor who wrote the report will then testify on the injured victim’s behalf. This medical malpractice testimony will cover what was said in the medical report, and will be used as evidence at the medical malpractice jury trial.